Magers v. Brown-Mcclure Lumber Company

JOHNSON, Justice.

The plaintiff in error, W. D. Magers, hereafter referred to as defendant, was engaged in the construction of a house. He had purchased the materials from the defendant in error, Brown-McClure Lumber Company, a co-partnership, hereafter referred to as plaintiff. Although there were originally other parties to this action, they have been dismissed, and the present controversy involves only the plaintiff and defendant.

The plaintiff filed a lien against the property involved for the amount of its bill in the sum of $4,581.45. In order to discharge such lien and that defendant…